The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1887-12-14
LEGISLATIVE PROCEEDINGS.
WHAT THE LAWMAKERS HAVE DONE
FOR THE STATE.

" LA w MAN CISS " - Il A''-'A
FOR THE STATE.
Several Important Measures Receive fina
OBSERVATION-DISCLOSURES of the Proceed
inss Thereon.
CoIUMB1A, December 10.-The worl
of the Legislature has progressed rapid
~ and satisfactorily for the past week
The more important measures acted OF
will now be noticed.
TIE CRIMINAL LAW.
The bill to regulate the criminal prac
tice in this State has passed the HOUSE
and Senate both and is now before the
Senate judiciary. committee, who are
considering the House amendments.
The following is the text OF the bill as it
left the House:
Section l. That every Indictment shall
be deemed and adjudged sufficient and
good in law, which, in addition to set
ting forth the time and place, as now
provided by law, charges the crime sub
stsntislly in the language OF the com
mon law or of the statute prohibiting the
same, or so plainly that the nature OF
the offence charged may be easily under
stood.
Section 2. That every objection to any
indictment for any defect apparent on
the face thereof shall be taken by de-
murrer, or on motion to quash such in
dictment before the jury shall be sworn,
and not afterwards.
Section 5. That if there be any defect
in form in any Indictment it shall be
competent for the Court before which
the case is tried to amend the said in
dictment: Provided, such amendment
does not change the nature of the offence
charged; that if on the trial of any case
there shall appear to be any variance be-
tween the allegations Of the Indictment
and the evidence Offered in proof
thereof, it shall be competent for the
Court before which the trial shall be had
to amend the said Indictment according
to the proof: Provided, such amendment
does not change the nature Of the offence
charged; and after such amendment the
trial shall proceed in all respects and
with the same consequence as if no vsri-
ence had occurred, unless such amend
ment shall operate as surprise to the
defendant, in which case the defendant
shall be entitled upon demand to a con-
tinuance of the cause.
Section 4. That in any plea of autre
fois acquit or autre fois convict it shall
be s..tiicient for any defendant to state
that he has been lawfully acquitted or
convicted, as the case may be, or the
offence charged in the indictment.
Section 5. That every Indictment for
murder shall be deemed and adiudged
sufficient and good in law, which in ad-
dit;on 70 setting forth the time and
place, together with plain statement,
diyeste6 Of all useless phraseology. OF
the manner in which the death OF the
deceased was caused, charges that the
defendant did feloniously, wilfully and
of his malice aforethought kill and mur-
der the deceased.
Section 6. That in all cases whatso-
ever in which it shall be necessary to
make any averment in any Indictment as
10 any instrument, whether the same
insists wholly or In part of writing,
ant or figures, shall be sufficient to de-
tribe such instrument by any name OF
designation by which the same may be
usually known or by the purport thereof,
and in such manner as to sufficiently
identity such instrument without set
ting out any copy or fac sinile of the
whole or any part thereof.
Section 7. That in any indictment for
perjury it shall not be necessary to set
forth more than the substance of the
oath and the fact concerning which the
perjury IS alleged to have been COM
mitte6.
Section S. That any person or persons
who shall be arraigned for the crime OF
murder, manslaughter, burglary, arson,
rape or grand larceny shall be entitled
to peremptory challenges not exceeding
ten; and the State In such cases shall be
entitled to peremp5ory challenges not
exceeding FIVE; and any person or per-
sons who shall be indicted for any crime
or offence, other than those enumerated
above, shall have the right to perempto.
~ challenges not exceeding five, and tbs
State in such cases shall be entitled tc
peremptory challenges not exceeding
two. But no right to stand aside jurors
shall be allowed to the State in any case
whatsoever: Provided, that in no case
where there shall be more than one de-
fendant Jointly tried, shall more tha1
twenty peremptory challenges be allow
ed in all to the defendants.
Section 9. Nothing in this Act con
tanned shall apply to any case where al
Indictment has already been found ant
the case is actually pending.
Section 10. That all Acts and parts o
Acts inconsistent with this Act are hereb,
repealed.
The bill to provide for the paymen
by the State of the expenses of all pros
ecutons in criminal cases, caused con
considerable discussion, participated il
by several members, Colonel Haskell
leading the fight against the bill and Mr.
Rankin defending 1t. Finally it was in
7 %deinitely postponed by vote OF 5
to As.
The next bill taken up was the on
amending the General Statutes in rela
ton to liens on buildings and lands
Several speeches were made on the bill
and the debate was long and interesting
After every feature had been fully an
freely discussed it was indefinitely post
poned.
Numerous bills have passed their thi1
readings, among which-the bill to pur
ish .4.ck-ighting within three miles c
any Chartered Institution in this State.